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(영문) 의정부지방법원 2016.08.25 2015가합1670
소유권이전등기
Text

1. The part of the lawsuit in this case concerning the claim for the registration of ownership transfer with respect to shares shall be dismissed.

2. The defendants are the defendants.

Reasons

1. Presumed factual basis

A. On April 18, 1978, the Plaintiff, including the registration fee for transfer of ownership, completed the registration of transfer of ownership on the ground of sale with respect to G 352.7 square meters (hereinafter “instant land”).

On June 27, 1978, the registration of the right to share in H's name was completed with respect to the share 21.5/352 of the land in this case.

B. H, such as the site of the instant housing, owned cement block structure and sap 14th three Hobbes (hereinafter “instant housing”) on the Ist Government-si I, and entrusted it to the Korea Electric Cable Co., Ltd. on August 13, 1979.

On the other hand, the instant housing is located on the same site, which is located on the part of 21.5 square meters in the ship connecting each point of the attached Table 1 drawings No. 1, 7, 6, 8, and 1 among the instant land.

C. The inheritance-related net H died on October 14, 1980, and the deceased’s co-inheritors had J, B, K, L, and M, the spouse of the deceased.

The Network J died on June 25, 2009; the Network K on February 7, 1983; the network L on July 13, 2008; and the network M on February 15, 2012.

The deceased K had no spouse or child at the time of death, and there is defendant F, a spouse, as the heir of the deceased L, and there is defendant D and E, a spouse, as the heir of the deceased M.

On March 19, 2012, Defendant C, D, and E reported the renunciation of inheritance on the net M’s property, and on June 20, 2012, the said waiver of inheritance was accepted.

(Ji Government District Court 2012 Modan493). The deceased on March 10, 2016.

On June 13, 2016, the Defendants, the heir of the deceased B, took over the instant lawsuit. D.

Of the instant land, inheritance shares [applicable to the inheritance shares due to the death at the deceased at the deceased at the deceased at the deceased (amended by Act No. 3723, Apr. 10, 1984)] J, B, B,K, L, M 2/12(=3/12/12/3/12), B 3/12, L, M 2/12, L, and M 2/12 of inheritance shares due to the death at the deceased at the deceased at the deceased at the deceased at the deceased at the deceased at the deceased, such as inheritance with respect to the deceased’s shares in the deceased at the deceased, B14/36(5/12 x 1/3/12) of inheritance shares due to the death at the deceased at the deceased at the deceased at the deceased at the deceased’s respective 2/12 network, Defendant F, each of the following facts:

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